Create a Website Account - Manage notification subscriptions, save form progress and more.
- Home
- Government
- Elected Offices
- Sheriff Office
- Divisions
- Court Services
- Domestic Disputes & Disorders
Summit County Utah Sheriff’s Domestic Disputes & Disorders | Addressing Family Conflicts & Ensuring Safety
Ex Parte’ & Protective Orders
Orders issued in domestic violence cases, allowed for by the Co-habitant Abuse Act (Title 30, Chapter 6, UCA). These are orders allowing for the restraining and/or removal of a respondent (suspect) from the area(s) occupied and frequented by the plaintiff (complainant) and other related persons deemed at risk by the court.
Ex Parte’ protective orders are issued without notice to the defendant (respondent). Protective orders are issued after a court hearing determines th necessity of extending the order issued in the Ex Parte’.
Ex Parte’ and Protective Orders must be served by a law enforcement officer or the issuing court. ANY Law Enforcement Officer can and is required by statute (30-6-4.2(8)(b)(i)) to serve an Ex Parte’ and/or Protective Order issued under the Co-habitant Abuse Act.
Ex Parte’ Civil Stalking Injunctions
Orders issued in STALKING cases, as defined in Section 76-5-106.5 (UCA). These are orders allowing for the restraining of the respondent (suspect) from the area(s) occupied and frequented by the plaintiff (complainant) and other related persons deemed at risk by the court. The order may also enjoin the respondent from committing stalking.
Ex Parte’ Civil Stalking Injunctions are issued without notice to the defendant (respondent). The respondent may request a hearing after being served.
Ex Parte’ Civil Stalking Injunctions must be served by a law enforcement officer. ANY Law Enforcement Officer can serve an Ex Parte’ Civil Stalking Injunction within 90 days of date of issue.
Ex Parte’ Civil Stalking Injunctions will be in effect as soon as service is made. The Injunction is not entered onto the statewide warrant system until the Injunction and the Original Return of Service is returned to the issuing court.
Child custody issues resulting from a divorce decree or a custody order are usually civil orders of the court and cannot be enforced by law enforcement officers without specific orders allowing for that. Those further orders will usually be writs of assistance issued by the court. These orders must be executed by the Court Services Division of the Summit County Sheriff’s Office. This is a paid process and can only be done by those officers.
Frequently asked questions are outlined on the State’s web site, including questions regarding child custody and visitations.
The Court Services Division of the Summit County Sheriff’s Office does serve custody orders and agreements and summons for court hearings involving custody disputes.
Custodial Interference 76-5-303, UCA
(1) A person, whether a parent or other, is guilty of custodial interference if, without good cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its parent, guardian, or other lawful custodian:
— (a) knowingly the actor has no legal right to do so;
— (b) with intent to hold the child for a period substantially longer than the parent-time or custody period previously awarded by a court of competent jurisdiction.
(2) A person, whether a parent or other, is guilty of custodial interference if, having actual physical custody of a child under the age of 16 pursuant to a judicial award of any court of competent jurisdiction which grants another person parent-time, visitation, or custody rights, and without good cause the actor conceals or detains the child with intent to deprive the other person of lawful parent-time, visitation, or custody rights.
(3) Custodial interference is a class A misdemeanor unless the child is removed and taken from one state to another, in which case it is a felony of the third degree.
Things you will need:
The police agency and the case number of the report on the domestic violence case. (You may get an order without them, but the information helps.)
The name and birth date of the person you are getting the order against.
The social security number of the person is also helpful.
The addresses you want the person to stay away from.
The description of the person and all of the places where they might be located. (This is very important, it will help the officers locate the suspect to serve the order on.
Include: Work addresses, phone numbers and times of work. Other family members’ addresses and phone numbers. Friends’ addresses and phone numbers.)
The kind of car the person is driving, with a license number if possible.
Places You Can Obtain An Order
You may also contact the Summit County Victim Assistance Program
Wendy Crossland — Director
6300 N. Justice Center Road
Park City, Utah 84098
Office: 435-615-3851
wcrossland@summitcounty.org
Victims Advocate Home Page
Office hours coincide with courthouse hours.
Monday – Friday, excluding holidays, 8:00 a.m. – 5:00 p.m.
Divorce Decrees are civil orders of the court and cannot be enforced by law enforcement officers. Frequently asked questions are outlined on the State’s web site. For questions regarding:
How to enforce a divorce decree
Property settlements and divisions
Child custody and visitations
visit: http://www.utcourts.gov/howto/divorce/
The Court Services Division of the Summit County Sheriff’s Office does serve divorce papers and summons for court hearings involving divorces.
There are fees associated with the service, visit fees page.
Who serves the writ?
A writ will very rarely be served or executed by any police officer. Writs within Summit County are almost always served by a deputy of the Summit County Sheriff’s Office, Court Services Division.
What is a Writ of Assistance
Writ by definition is an order or precept in writing, issued in the name of the state or of a court or judicial officer.
Writ of Assistance is an order generally not following any specific format, but will usually direct the sheriff to assist the plaintiff in resolving some issue which has been previously addressed in another court order but which has been disregarded by the defendant.
The Writ of Assistance is most commonly issued by a court authorizing law enforcement officers to take custody of a child. The statute defines Writ of Assistance as the authority to do so. (78-45c-102 (17), UCA)
It is sometimes referred to as a Writ to take Physical Custody of a Child. This order will outline the facts of the case involving the child and direct the officers of what the court wants done. It is determined by the court’s analysis of just how profound the risk is of the child suffering serious imminent physical harm or removal from this state. (78-45c-311 (1), UCA)
The writ should include the facts of the danger to the child, direction for law enforcement to take physical custody of the child immediately, and provide for the placement of the child, once removed. The respondent must be immediately served with the writ, once the child has been taken. (78-45c-311 (4), UCA)
The Writ of Assistance to take physical custody of a child is enforceable throughout the State of Utah. (78-45c-311 (5), UCA)
A Writ of Assistance may not be specified as a writ for the removal of children. These are vague, and usually issued to assist the plaintiff in resolving some previously addressed court order.
A fee is required to serve a Writ of Assistance.
This must be done by the Court Services Division Deputies of the Summit County Sheriff’s Office at fees page.